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AB-3000 Hate crimes.(2023-2024)



Current Version: 02/16/24 - Introduced

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AB3000:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3000

Introduced by Assembly Member Villapudua

February 16, 2024

An act to amend Section 422.7 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 3000, as introduced, Villapudua. Hate crimes.
Existing law defines a “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law makes a hate crime committed under certain circumstances that is not punishable in state prison or under specified provisions punishable in a county jail as a misdemeanor or a felony, or by a fine not to exceed $10,000, or by both the fine and imprisonment, as specified.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 422.7 of the Penal Code is amended to read:

422.7.
 Except in the case of a person punished under Section 422.6, any a hate crime that is not made punishable by imprisonment in the state prison shall be punishable by imprisonment in a county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine, if the crime is committed against the person or property of another for the purpose of intimidating or interfering with that other person’s free exercise or enjoyment of any a right secured to him or her them by the Constitution or laws of this state or by the Constitution or laws of the United States under any of the following circumstances, which shall be charged in the accusatory pleading:
(a) The crime against the person of another either includes the present ability to commit a violent injury or causes actual physical injury.
(b) The crime against property causes damage in excess of nine hundred fifty dollars ($950).
(c) The person charged with a crime under this section has been convicted previously of a violation of subdivision (a) or (b) of Section 422.6, or has been convicted previously of a conspiracy to commit a crime described in subdivision (a) or (b) of Section 422.6.